Power of attorney to dispose of maternity capital: sample, execution for husband

How to write a power of attorney to represent the interests of a husband or wife in court?

In accordance with the Civil Procedure Code of the Russian Federation, a power of attorney to represent the interests of any individual in court by any individual can be certified by:

In the management company at the place of residence of the principal (in the HOA, housing cooperative);
The head of the organization where the principal works;
The chief physician at the hospital where the principal is being treated;
Commander of the military unit where the principal serves, etc.

The power of attorney may have approximately the following text:

(place and date of issue of the power of attorney in words)

I, gr. ___________________________________________________

" "_____ __ year of birth, passport: series ______ , N ____ ,

issued _______________________________________________________,

residing at: __________________________________,

With this power of attorney I authorize gr. ____________________

_____________________________ ««________ ____ year of birth,

passport: series ______ , N ______ , issued _______________

____________________, living at the address: ________

______________________________________________, conduct my affairs

in all judicial institutions with all rights granted

by law to the plaintiff, defendant, third party, including the right to

signing a statement of claim, presenting it to the court, complete or

partial waiver of claims, complete or partial

recognition of a claim, recognition or change of the subject of the claim, conclusion

settlement agreement, appeal of decisions, determinations and

court orders, receipt and presentation of enforcement

documents for collection, receipt of awarded property or

money and perform other actions related to the implementation

The power of attorney was issued for a period of ____________________________

with (without) the right of subrogation.

«_»__________ _ d. this power of attorney is certified

me, Chairman of the Homeowners Association “Romashka” I.I. Pupkin

The power of attorney was signed by gr. _______________________________

In my presence. His (her) identity has been established, legal capacity

Chairman of the Homeowners Association "Romashka" ___________________ /I.I. Pupkin/

The power of attorney must be in writing (preferably printed on a computer). Certified with a seal. It is better to attach to it a certificate stating that the principal is registered at the place of residence (the certificate will be provided by the same HOA) or a copy of the passport with a stamp indicating registration at the place of residence.

Power of attorney from an individual. Simple written form

A simple written power of attorney from an individual based on a universal template in Word format. A universal template of a power of attorney for representing interests from an individual to an individual is available for download. Instructions for filling out a simple written power of attorney form with a sample completion.

In most cases, a power of attorney to represent the interests of an individual can be drawn up in simple written form, that is, you can write such a power of attorney yourself by hand or download a universal power of attorney form between individuals on this page and fill it out. Such a power of attorney will be valid and the trustee will be able to use such a power of attorney to represent the legal interests of the principal.

It should be taken into account that a simple written form of power of attorney may not always be used. In some cases established by law, a notarized form of power of attorney is required, for example:

when making transactions with real estate;
during state registration of rights to real estate in Rosreestr;
in case of representing the interests of another person (principal) in court, if he is not with you. It should be noted that notarization of powers of attorney for the court is not the only possible one, and there are other ways to certify such powers of attorney.

Therefore, in such cases, to issue a notarized power of attorney, you need to contact a notary.

A power of attorney in simple written form can be issued by a citizen (individual). A power of attorney can be issued to a citizen (one or more) or an organization (one or more).

If you, as a citizen, want to give someone a power of attorney in simple written form, then you do not have to contact a notary or lawyer to do this. The text of such a power of attorney can be drawn up independently based on the universal template using the link below.

To do this, you will need the passport details of the principal and the passport details of the authorized person (the person to whom you want to issue a power of attorney). After you prepare these documents, you need to download the universal power of attorney form in simple written form and fill it out using the recommendations below.

As a result, you should end up with something like this:

powers of attorney between citizens (one representative) in MS-Word format

powers of attorney between citizens (two representatives) in MS-Word format

How to fill out a power of attorney form in simple written form

If you carefully examine the sample of filling out the power of attorney, you will notice that the power of attorney template consists of eight standard sections (blocks), which are enclosed in red rectangles and numbered with red numbers in the figure below:

Let's look at each section of the power of attorney in detail and fill it out:

Section 1. Date of issue of the power of attorney

The date of issue of the power of attorney must be entered in this section. Usually the date of issue is written in capital letters so that it cannot be corrected. It is from this date that the power of attorney will come into force and the authorized person will be able to perform the necessary actions on it.

Usually the current date is given, but in certain cases a date from the past or from the future can be given. A past date can be set when a trusted person has already performed some actions in your interests and it is necessary to legally confirm that such actions were performed on your behalf.

A future date can be set if it is necessary for the trustee to have the authority to perform the actions specified in the power of attorney not immediately, but at some time in the future.

If you want to put a date from the past or from the future, you should definitely consult with a lawyer, as this may entail legal risks for you.

IMPORTANT: If you do not indicate the date of issue in the power of attorney, then such a power of attorney will be invalid and cannot be used.

Section 2. Information about the principal individual

This section of the power of attorney contains information about the principal individual, that is, about the citizen who issues the power of attorney. A power of attorney can be issued by a legally capable citizen who has reached the age of 18.

Powers of attorney on behalf of children under 14 years of age are issued by their parents, adoptive parents or guardians.

Minors aged 14 to 18 years issue powers of attorney themselves, and such powers of attorney must have the signature of a parent, adoptive parent or guardian agreeing with such a power of attorney.

Section 2 is filled in with information from the passport of a citizen of the Russian Federation.

The power of attorney must include the following information from the principal’s passport:

Last name, first name and patronymic;
Date of Birth;
Passport series and number;
Name of the authority that issued the passport;
Passport issue date;
Code of the department that issued the passport;
Place of residence of the principal, as it is indicated in the passport.

We take this information from the passport:

Section 3. Information about the authorized representative

This section of the power of attorney contains information about the authorized person (also called an attorney or representative), who is a citizen of the Russian Federation. The authorized representative may be an adult citizen, that is, one who has reached the age of 18 years.

When issuing a power of attorney, it should be taken into account that the authorized person does not have the right to make transactions in relation to himself personally, as well as in relation to another person whose representative he is also at the same time.

The power of attorney must include the following information from the passport of the authorized person:

Last name, first name and patronymic;
Date of Birth;
Passport series and number;
Name of the authority that issued the passport;
Passport issue date;
Code of the department that issued the passport;
Place of residence of the authorized person, as it is indicated in the passport.

Section 3 is filled in with information from the passport of a citizen of the Russian Federation:

We fill out the line of the power of attorney about the place of residence in accordance with the section of the passport “Place of residence”:

Section 4. Powers

This section contains a list of powers that are granted to the authorized person. This may be one or more powers that need to be formulated as specifically as possible. You can specify exactly what actions the authorized representative has the right to perform and in which organization.

Example of authority: “receive a work book from DOVEREN.RU LLC” or “receive inventory items from DOVEREN.RU LLC”

If the power of attorney indicates several authorized persons, then each of them will have the powers specified in the power of attorney.

Section 5. Reliance

The issuance of a power of attorney with the right of subrogation provides the authorized person with the opportunity to transfer powers under this power of attorney to another person, whom he can choose at his own discretion.

To transfer powers to another person, the authorized person must contact a notary, who will certify the transfer of powers to another person.

In the event of a transfer of authority, the authorized person is obliged to inform the principal about this as soon as possible, and if he does not inform, he will himself be responsible for the actions of the person to whom the powers were delegated.

In most cases, a power of attorney is issued without the right of subrogation, which is directly stated in the power of attorney. If you want to issue a power of attorney with the right to delegate, then in block 5 you need to indicate the following: “The power of attorney was issued with the right to delegate powers to other persons.”

Section 6. Sample signature of the authorized representative

This section is not mandatory, but in practice it is often included in the power of attorney. In this section, the authorized person must sign in the presence of the principal.

Section 7. Validity period of the power of attorney

In this section you need to indicate the date until which the power of attorney will be valid. Previously, there was a rule according to which the maximum validity period of a power of attorney could not exceed three years, but now this rule has been canceled and you can specify any validity period for a power of attorney (even for 100 years). If you do not specify a date in this section, the power of attorney will be valid for one year.

Section 8. Signature of the principal

In this section, the principal must put his own signature. The use of facsimiles in this case is not permitted. If the power of attorney does not contain the signature of the principal or someone else signs for the principal, then such a power of attorney will be invalid.

The power of attorney can be made in several original copies at once. This is necessary in order to, if necessary, leave one copy in the organization in which it is necessary to perform actions under a power of attorney. Often, a power of attorney is required to be left with government agencies when performing legally significant actions.

Once the power of attorney is completed, it must be given to the authorized person. When performing actions on your behalf, the representative presents a power of attorney and indicates his status in the documents. For example, in the case of receiving a work book, a representative can leave the following entry: “Received the work book. Representative of Morozova Yu.S. by power of attorney dated February 22, 2017 Sorokin A.V. Signature"

Source: https://doveren.ru/doverennost-dlya-grazhdan

Types and samples of powers of attorney

Dear visitors! When preparing powers of attorney, we recommend visiting a special website: https://notary.kdmid.ru

Below are the most commonly used samples of powers of attorney by citizens, which you can use if you wish to make changes.

Attention! There is no need to fill out the “headers” (passport details of the principal and authorized representative) and certification signatures in the sent powers of attorney; this is done by an employee of the Consulate General.

General power of attorney

A general power of attorney gives the right to the authorized person to perform any types of actions on behalf of the applicant, incl. conclude on behalf of the applicant any transactions with movable and immovable property provided for by law, dispose of the applicant’s accounts and funds at his own discretion, receive on behalf of the applicant any payments (salaries, benefits, pensions), etc.

Rate:

- immediate relatives (children, including adopted children, spouse, parents, full brothers and sisters) - 27 euros (upon presentation of documents confirming relationship: birth certificate, marriage certificate, etc.; in case of change of surname, The corresponding certificate(s) must also be submitted to the Russian civil registry office;

Notarial consent of the spouse

But when using this document, some inconveniences . For example, the principal can revoke the power of attorney at any time. Whereas it is impossible to revoke consent. The only thing that can be done is to suspend registration actions by contacting Rosreestr. If the transaction has already been completed, then you can go to court.

From a legal point of view, a power of attorney and consent to sell real estate are different documents. But, in essence, they are drawn up for the same purpose - to authorize a transaction with common property. Therefore, in some cases, a power of attorney can replace consent.

10 Jun 2020 lawurist7 113

Share this post

Confiscation of Debts
Apartment Encumbered By Bailiffs
Urban Development Plan for a Rural Settlement
Housing benefits for pensioners of the Federal Penitentiary Service in the Novgorod region

General power of attorney

A executed general power of attorney means the transfer of the largest possible amount of powers to another person.

Of course, it is more expedient to formalize some powers as separate instructions - a power of attorney to sign documents, to the tax office, to receive a pension, mail, or rent an apartment. A power of attorney for the departure of a child is always specially drawn up.

General powers of attorney include powers to manage property and represent interests in all bodies and organizations.

General power of attorney

A lawyer's answers to questions about a power of attorney to receive alimony

Is it possible to draw up a power of attorney by hand, without notarization?

Yes, but for alimony such a document does not have legal force, and you will not be able to receive payments - the organization simply will not accept it.

Is it possible to write a power of attorney for a one-time receipt of alimony for 1 month without notarization?

No. Alimony payments under a power of attorney can only be transferred with notarization, even if a one-time operation by an outsider is planned.

Can I issue a power of attorney for a person without his presence, but with passport data?

Yes. To do this, it is enough to provide a copy of your passport or passport data. Drawing up a document is not allowed unless the principal is present.

Don’t know what documents are needed to collect alimony?

Our lawyers will provide free advice on the full list of documents in your case.

Example of a general power of attorney

Power of attorney (general)

The city of Novokuznetsk, Kemerovo region of the Russian Federation.

September twentieth two thousand sixteen

I, the undersigned, Kalinin Viktor Fedorovich, born March 20, 1976, native of the city of Kemerovo, Kemerovo region, passport of a citizen of the Russian Federation series 4983 number 14368976, issued TOM of the Ministry of Internal Affairs of the Central District of the city of Novokuznetsk on April 15, 1996, division code 045-726, registered under address: Russia, Kemerovo region, Novokuznetsk, Lenin Ave., building 32, apartment 18,

with this power of attorney I authorize Alexander Valerievich Brigitov, born on June 5, 1982, a native of Kiev, Ukrainian SSR, passport of a citizen of the Russian Federation series 1965 number 4468245458, issued by the Department of the Federal Migration Service of Russia for the Kemerovo region in the Zheleznodorozhny district of Kemerovo on December 20, 2013, department code 675-055, registered at the address: Russia, Kemerovo region, Novokuznetsk, st. Pobeda, building 198,

to be my representative in all bodies, organizations and institutions of all forms of ownership, on all issues relating to my interests, to manage and dispose of all my property, whatever it may be and wherever it is located, in connection with which to conclude all transactions permitted by law , including apartments and other real estate, in particular: buy, sell, accept as a gift, exchange, lease, dispose of in any other way, determining in all cases the amounts, terms and other conditions at its own discretion;

make payments on concluded transactions, register the relevant agreements and the transfer of rights under them with the competent authorities, remove me from the state registration register and put me on the state registration register at a new place of residence, accept an inheritance or refuse it, receive property, money, valuables due to me papers, and other documents on all grounds from all persons and organizations, manage accounts in the Central Bank of Russia and its divisions, commercial, savings and other banks with the right to open and close accounts, deposit and receive any amounts of money, receive postal, telegraphic, valuable and all kinds of correspondence and parcels,

What does a general power of attorney include?

The need to issue a general power of attorney arises, as a rule, when a citizen leaves Russia or is unable to independently manage his property and enter into legal relations with other persons or bodies. Such a document is not required when a citizen is declared incompetent or partially capable - in such cases, an officially appointed guardian (trustee) acts on behalf of the citizen.

The content of a general power of attorney should include the widest possible range of powers: from managing all types of property to interaction with government and judicial authorities. When drafting, it is important to take into account the recommendations for drawing up a power of attorney to represent interests in court: special powers must also be specified.

A general power of attorney from an organization is drawn up and certified according to the rules provided for powers of attorney from a legal entity.

Sample spouse's consent to purchase an apartment

Unfortunately, the law is not perfect, and there are many gaps in it that have not yet been resolved; this type of blank spots includes the validity period of consent to purchase an apartment. Of course, if a couple has a preliminary agreement in hand, even without a final execution date, by virtue of Article 429 of the Civil Code of the Russian Federation, the apartment must be purchased no later than 12 months from the date of execution of the specified document. If there is no agreement in writing, the spouses can themselves set the duration of the consent to purchase real estate.

Answer: Dear Ivan, the refusal you received is legally binding. This is due to the fact that everything acquired in an official marriage is jointly acquired property. Such relations are regulated by clause 3 of Art. 35 IC RF . Thus, you will have to provide an agreement from your ex-spouse, otherwise you will not be able to register ownership of the property. If your ex-wife refuses to provide such consent, you can challenge the situation in court.

This is interesting: How much is added to the pension for children 2020

Certificate of general power of attorney

A general power of attorney from individuals must be notarized. Please note that powers of attorney are issued outside the Russian Federation. Check with any consular department or Russian Embassy whether there are requirements for affixing an apostille (whether it is required to legalize a general power of attorney in Russia).

Revocation of a general power of attorney has its own characteristics. The Civil Code contains a requirement to notify about the revocation of a power of attorney not only to the person to whom the power of attorney was issued, but also to third parties. It is virtually impossible to establish them in the case of issuing a general power of attorney. A notarized general power of attorney must be revoked by a notary. The notary will help you take the necessary actions, which will subsequently make it possible to challenge the actions of the person to whom the general power of attorney was issued by filing a claim to invalidate the transaction.

In what cases is a spouse’s consent required to purchase an apartment - sample document

Lack of information necessary when preparing documentation or completing a transaction.
Incorrect documentation in case of purchasing a home without the help of a competent realtor or lawyer.
Principled positions on the part of the buyer in case of disagreement, for example, with the requirements of the law.
Deliberate concealment of information from a spouse, when the buyer retains the right to purchase housing in secret from one of the spouses, which means that a subsequent sale is possible without his participation.

This is interesting: Will there be a Payment from Maternity Capital in 2020 in Cash 25

As for the disposal of property, the purchased housing is not yet the property of the spouses, which means that they do not have the right to manage someone else’s territory. The apartment will be considered property only after completing the registration procedure and nothing else.